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Notice On Payment Of Lønrefusion Etc. From Employers ' Training Contributions

Original Language Title: Bekendtgørelse om udbetaling af lønrefusion m.v. fra Arbejdsgivernes Uddannelsesbidrag

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Table of Contents
Chapter 1 The right to wage reimbursement, etc.
Chapter 2 Determination of payroll reimbursement and payment to employers
Chapter 3 Conditions for the elevers ' right to cover claims on wages and holiday allowances
Chapter 4 Various provisions
Chapter 5 Entry into force

Publication on the payment of remuneration and so on from the Employers ' Education contributions

In accordance with Article 4 (4), 3, and Section 7 a, in the Act on the Educational contribution of the Employers, cf. Law Order no. 203 of 25. February 2013 :

Chapter 1

The right to wage reimbursement, etc.

§ 1. The right to wage reimbursement has all the employers covered by the Law on the Labor Market's Supplementary Pension, with the exception of the Santa Claim Fund and certain religious communities that are exempt from the obligation to contribute to the Employers ' Educational contributions.

Paragraph 2. The right to cover pay and holiday allowances have students who, owing to the bankruptcy of the employer, the cessation of businesses or deaths, do not have the opportunity to obtain reimbursement of reimbursed wages and holiday allowances.

§ 2. Payroll reimbursements shall be paid in respect of paid expenses incurred under the training rules compulsory school-stay for the following training :

1) Approved training in accordance with the law of vocational training.

2) Educational education and training under the law of vocational training, which currently provides for vocational training, pharmacology and train drivers, are the subject of vocational training, and the training of drivers.

Paragraph 2. The Education Agreement must be in writing and cover all the education and training courses of education and training, including a possible Swedes, or the skill-making stage of education. The agreement must cover an enablement training step and make a commitment to the employer to pay wages throughout the contract period. The requirement for traineeships may be disregarded if there is a special planned training course for adults, and there is a training agreement for the rest of the training. Furthermore, a pay refund may be paid for the training arrangements covering at least a period of time and at least one internship period in the main course of the training, cf. § 48, paragraph. ONE, THREE. Act. in the law on vocational training.

Paragraph 3. It is a condition for the payment of remuneration that the salary paid by the employer under the school board shall be at least the subject of the collective agreement in the area agreed upon or, where such is not, it is in accordance with the collective agreement of the area ; the rules in force established.

§ 3. A refund shall be paid for optional additional training during the course of the constitution of vocational training courses, which shall replace a compulsory period of time for which the employer was already eligible for a refund.

Paragraph 2. In addition, the remuneration for voluntary additional training shall be granted on the basis of the law on vocational training, extending the groundwork and increasing the number of schoolweeks agreed between the employer and the student, and for which : The employer pays wages.

Paragraph 3. The extension of the groundwork which is not voluntary shall be regarded as compulsory school-stay, subject to section 2.

Paragraph 4. The voluntary education, the length of the notification and the value of the student body must be shown in the Education Agreement or the subsequent additions to this. This training must be within the framework of the rules of vocational training, and it must be relevant for the implementation of vocational training.

§ 4. Payroll reimbursement is paid for the business oriented and the study of the study under the main course of the law on vocational training, which is replaced by a compulsory period for which the employer was already eligible for a refund.

Paragraph 2. In addition, wage reimbursement for the business and student structure shall be paid under the main course of the law on vocational training, which has been agreed between the employer and the student, and for which the employer pays.

Paragraph 3. Instruction class, the length of the building and the value of the student body must be included in the Education Agreement or later additions to this.

§ 5. Reimbursement payments shall be paid for the time when the student is taught at the school, including, in the absence of the student ' s absence, as a result of his own disease and by the absence of child 1. sickness day when the student is entitled to be paid under the agreement, agreement or the like. The absence of training in training courses covered by Section 2 (2). 1, no. Two, must be approved by the school. If a start is made in school, wage reimbursement is paid only to the date of the break-up.

Paragraph 2. Payroll refund shall not be granted where, for the employer, productive work is carried out in the course of the school-class ratio, corresponding to the payment paid.

Paragraph 3. If the employer receives reimbursement of wages during school visits from the second page, the remuneration is lost or reduced the pay reimbursement from the Employers ' Educational contributions.

Paragraph 4. Claims for reimbursement of pay paid during any periods of the time of the notification shall not lapse, even though the employer has received a refund of sickness benefits through an according to the daily allowance of sickness insurance.

§ 6. The pay refund shall be paid by a special rate for students who, at the start of the training agreement, have been filled for 25 years.

Paragraph 2. It is a condition for the payment of remuneration with this particular rate, that the student during the internship and school residence provided for in the Education Agreement is ensured by a collective wage at least equivalent to the lowest wages paid, a non-skilled one ; work in the area concerned is entitled to. In trade or parts of a subject where such agreements do not exist, the salary shall be at least equivalent to what is valid in related collective bargaining areas. The Joint Trade Committee (s) may allow the salary of educational seekers coming from other areas of employment other than those for which the education relationship is to be entered, for up to 6 months, shall not be fixed at the time of the lift in the profession. For this period, the Educational contributions of the Employers ' Education contributions shall be paid in accordance with the general rules.

Paragraph 3. If the training relationship is a continuation of a previous educational relationship, the training conditions must also be paid in the course of the disconnected training conditions referred to in paragraph 1. TWO, ONE. Period. However, it may be suspended from this requirement in the course of the suspended training conditions, provided that a period of at least nine months has elapsed from the end of this training relationship, or where the previous educational relationship has been terminated as a result of the previous relationship ; employer's bankruptcy, business end or death.

§ 7. It is with regard to foreign students a condition for obtaining wage reimbursement that the student meets the conditions laid down in section 19 (1). 2 and 3, in the law on vocational training and section 15 (3). 5 and 6, in the law on vocational training institutions.

Chapter 2

Determination of payroll reimbursement and payment to employers

§ 8. The amounts to be paid in remuneration per year. School week shall be fixed on annual financial laws, on the basis of the recommendation of the Board of the Employers ' Education contributions.

Paragraph 2. Payroll reimbursement shall be granted at a rate of each year of training, calculated from the end of the training period and starting from the normal course of training. The calculation shall be taken at the calculation of the level of training courses for example, e.g. due to merit.

Paragraph 3. The decision on which each school stay is entitled to, shall be taken by the Employers ' Education contributions.

Paragraph 4. The rules of paragraph 1. 2 does not include students justifying the special reimbursement rate in section 6.

Paragraph 5. Notwithstanding the provisions of paragraph 1 1-3 compensation may not be granted to wage refunds more than the paid student salary in the school-class stay. If there is a difference between the student salary during the period and the period of scholax, the lowest wages are paid to them.

Paragraph 6. Reimbursement by the special rate of adult pupils shall be granted to students who are registered and approved as adult pupils in the Employers ' Education contributions. Employers are asked to register pupils of age of 25 as adult pupils in connection with the receipt of letters from the Employers ' Education contributions on the first down payment of remuneration for students. Registration occurs when using an anlisted website. Employers ' education contributions shall be approved on the basis of the registered students of the employer as adult pupils when the conditions in section 6 are met.

§ 9. It is a condition for the payment of remuneration, that there is a training agreement and that this has been drawn up in accordance with the rules applicable to the training in question. The agreements must also meet the requirements laid down in section 2 (2). 2.

Paragraph 2. When a student has completed a school visit, the school carries out an electronic report on the reimbursement of the contributions of the Employers ' Educational contributions. In the case of high school stay in addition to 10 weeks ' effective education, no later than 10 weeks of school education and the last time, when the school period is over, it shall be reported no later than 10 weeks. However, it shall be reported only when the school has documentation that a registered training agreement is available.

Paragraph 3. A school may, irrespective of the provision in paragraph 1, 2 apply forms for reporting, correction and application for agreement with the Employers ' Educational contributions.

Paragraph 4. The contribution of employers shall send letters to the employer with information on the calculated reimbursement amount and the basis for the calculation. If the employer finds fault in the calculation or base, and if the employer is to provide additional information, the employer shall, within 10 days of dispatch of the notice of the Employers ' Education contribution, must be corrected by the employer within 10 days of the date of dispatch of the notice. the information via the website specified in the letter. If the calculation within the period referred to in that period is not corrected, the calculation shall be deemed to be approved by the employer and the reimbursement shall then be paid automatically.

Paragraph 5. Payment reimbursement payment takes place on an ongoing basis to the employer's Nemkonto.

Chapter 3

Conditions for the elevers ' right to cover claims on wages and holiday allowances

§ 10. Employers ' Educational contributions only cover claims on a salary and holiday allowance in connection with school-stay, and only if the student has started the school board at the time of bankruptcy, business end of business or death. In addition, the following conditions are provided :

1) The employer shall be subject to one of the situations referred to in section 1 of the Law on the Guarantee Fund ' s Guarantee Fund.

2) The student must comply with the conditions to meet requirements on pay and holiday compensation from the Payday Receive Guarantee Fund.

3) The opportunity for the Elevation of Elevens to cover the requirements of wages and holiday allowances from the employer's estate and the Payback Guarantee Fund must be fully utilised.

4) The school shall be compulsory or covered by sections 3 or 4 and the training referred to in section 2 (3). 1.

Paragraph 2. If the student enters into another education agreement, the right to cover claims on wages and holiday repayment from the date on which the student is beginning the new education agreement will be suspended.

§ 11. The requirements of wages and holiday allowances for students shall be paid after the pupils ' request.

Paragraph 2. The school has to certify that the student has completed the relevant school stay. The student sends the request to the Employers ' Educational Contribution.

§ 12. Payments shall be made on an ongoing basis or at the end of the school termination.

Paragraph 2. In the case of the inventory and payment of the requirements of the pupils on pay and holiday allowances, the same principles have been applied to the Guarantee Fund of the Salary recipients.

Chapter 4

Various provisions

§ 13. Public authorities, schools, employers, pupils and social organisations must, at the request of the request, give the Employers ' Educational contribution information relevant to decisions concerning the payment of claims on wage reimbursement, pay and holiday compensation. In addition, employers are committed to providing evidence of paid wages and students are obliged to document their claim on wages and holiday allowances.

§ 14. The employers ' claim to pay reimbursement and the claims of the students on pay and holiday allowances are obsolete three years after the end of the school remission to which the requirement relates.

§ 15. Complaint of decisions made by the Employers ' Education contributions on the payment of claims on wage reimbursement, wage and holiday compensation may, within four weeks of notification of the decision, be made for the unrecognizable name set up under the section 28 of the ATP Act. The address of the person ' s address is : ATP-The Board of Appeal, at Strother 8, 1061 Copenhagen K.

Chapter 5

Entry into force

§ 16. The announcement will enter into force on the 25th. November, 2013. However, the provision in Section 7 shall not apply to students who have concluded the training agreement prior to 1. January, 2011.

Paragraph 2. At the same time, notice No 129 of 21. February 2011, on the payment of remuneration, etcetera, of the Employers ' Educational contributions.

The Management Board for the Employers ' EEducation Contributions, 19. November 2013

Ole Bonde Larsen

/ Carsten Stends;